QUESTION
What will happen to me if a drunk driving accident sends someone into a coma?
Asked on Feb 19th, 2013 on Personal Injury - Georgia
More details to this question:
Writing a book and want to know the details of this situation... the guy has been caught Drunk Driving three times and he has no license. He runs a red light and smashes a car, sending the passenger of the car into a coma. What is he charged with and what legal actions are/can be taken against him? What about maximum punishment for what he's charged with.
9 ANSWERS
The decision to prosecute rests with the District Attorney/City Attorney. The victim or family could also sue for damages.
Answered on Apr 01st, 2013 at 2:55 AM
Ronald A. Steinberg
A felony, with hard jail Time.
Answered on Feb 25th, 2013 at 3:43 PM
Theodore W. Robinson
It is much more complex than you may realize. Normally, with 3 prior DWIs, he's going to jail on a felony charge. However, it will depend upon whether the person in a coma recovers as to what the eventual charge will be against him. It would normally be felony DWI with injury, which could be an aggravated DWI, which increases the penalties or it could be a Vehicular Manslaughter if the person dies and that carries a substantial prison sentence now.
Answered on Feb 20th, 2013 at 11:16 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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He will be facing 3rd offense DWI, permanent revocation of his license, likely modest jail time if the patient in a coma dies he will face vehicular manslaughter or perhaps 2d degree murder maybe 15 years in prison. Depends on a lot of things.
Answered on Feb 20th, 2013 at 10:29 PM
Criminal Defense Attorney serving Oakland, CA
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Kapsack & Bair, LLP
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You should consult a DUI attorney, they may be able to provide more information and facts that would make your story more realistic. An accident under your facts would likely be charged as a felony in most California counties.
Answered on Feb 20th, 2013 at 8:08 AM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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In SC he would be charged with Felony DUI causing great bodily injury (the other type of Felony DUI is causing death). I do not know the maximum penalty off the top of my head, but I believe it is 15 years. Often, if the victim was a passenger and friend or relative, you can get a relatively light sentence, sometimes even probation, because the victim's family is sympathetic (but not always). If the victim is in another car, the victim or victim's family wants vengeance and you get a stiffer sentence.
Answered on Feb 20th, 2013 at 8:07 AM
Michael J. Breczinski
In Michigan, serious impairment resulting from an accident can carry up to 5 years in prison. This if caused by a drunken driver.
Answered on Feb 20th, 2013 at 8:07 AM
Automobile Attorney serving East Lansing, MI
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Nichols Law Firm PLLC
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The charge will be OWI causing serious personal injury. That is a felony in Michigan.
Answered on Feb 20th, 2013 at 8:05 AM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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If it's his third DUI offense it's automatically a felony charge. If a DUI causes someone serious injury or death, that is a more severe felony and more than likely his sentence will include prison time. How much depends on the judge, what his sentencing guidelines are, and what he ultimately ends up pleading to or being convicted of.
Answered on Feb 20th, 2013 at 8:04 AM